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(영문) 서울동부지방법원 2020.05.14 2019노1653
재물손괴
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the court below’s punishment (a fine of four million won) is too unfasible, and the prosecutor asserts that the sentence of the court below is too unfased and unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected against the defendant, and that the defendant agreed smoothly with the victim is favorable to the defendant.

On the other hand, the fact that the defendant committed the crime of this case as long as the execution of imprisonment was completed, and that there was a record of punishment for the same crime is disadvantageous to the defendant.

In addition, comprehensively taking account of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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